THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI W.P.NO. 3987 OF 2024

ORDER:

In this writ petition, the petitioners are seeking a writ of mandamus to declare the inaction on the part of the respondents, particularly the respondent No.10 in taking any action against the illegal construction carried out by the unofficial respondent No.11 on the land situated in Survey No.246, Rasoolpally Village (earlier Mallaram Village), Bheemadevarpalle Mandal, Hanamkonda District, Telangana, in spite of several complaints/representations and also the official communications from the respondent No.5, as illegal, arbitrary and contrary to the provisions of the Telangana Panchayat Raj Act and consequently, to direct the official respondents, particularly respondent No.10 to take action for demolition of illegal construction carried out by the unofficial respondent No.11 and to pass such other order or orders in the interest of justice.

2. Brief facts leading to the filing of the present writ petition are that the petitioner No.1 claim to be the owner of land admeasuring Ac.01-07 gts., in Survey No.246B at Rasoolpally Village (earlier Mallaram Village), Bheemadevarpalle Mandal, Hanamkonda District, Telangana and that he is possessing a passbook for the said land vide Passbook No.T21010120729 (e-passbook as per Dharani). The petitioner No.2 is the younger son of petitioner No.1. It is submitted that the petitioners were in peaceful possession and enjoyment of the subject land, but in the year 2018, the respondent No.11 encroached into the petitioners’ land and started making construction, claiming it to be his land to an extent of Ac.01-20 gts., in Survey No.246/A2. Further, the respondent No.11 did not obtain any permission for construction and therefore, the petitioner No.1 immediately filed a complaint before the Panchayat Secretary i.e., respondent No.10 on 16.08.2018. On the basis of the said complaint, the respondent No.10 stopped the illegal construction by oral instructions. However, the unofficial respondent No.11, resumed construction activities in the year 2021. On enquiry as to how the construction is being made, the petitioners came to know that the official respondent No.10 has given permission to the unofficial respondent No.11 to make the construction. Therefore, aggrieved by the same, the petitioner No.2 filed representations dated 18.06.2021 with respondents No.10, 7 and 5. In response thereto, the respondent No.5 directed the respondent No.10 to take action, specifically directing him to enquire and submit a detailed report within three days. However, no action has been taken by the respondent No.10. Thereafter, the petitioner No.2 submitted a representation dated 24.07.2023 to respondent No.5 for cancellation of building permission granted to unofficial respondent No.11. The said representations were also submitted to respondents No.2, 4 and 8. It was also claimed that the unofficial respondent No.11 has obtained permission fraudulently and that he obtained the copies of said documents through RTI from the office of respondent No.10. It is stated that the documents submitted for building permission are created for the purpose of obtaining permission for construction and the said documents do not have the dates on them. Therefore, the petitioners made a representation dated 24.07.2023, in response to which, the respondent No.5 issued a Memo dated 27.07.2023 to the respondent No.7 to enquire into the matter and file a detailed report. Subsequently, the District Panchayat Officer i.e., respondent No.5 vide Memo dated 04.08.2023, instructed respondent No.6 to enquire into the matter and file a detailed report and consequent thereto, notices were issued to the petitioners as well as the unofficial respondent and the official respondents directed for survey of agricultural lands. Consequent to the Memo dated 04.08.2023, the respondent No.6 conducted an enquiry at the location of construction of the unofficial respondent No.11 and vide R.C